Most Common Workplace Injury: Hearing Loss

Hearing loss is now the most common workplace injury in the United States—and those who work in the construction or manufacturing industries are often the most at-risk of suffering auditory damage.

Sometimes, people hear a high-pitched humming noise because of exposure to loud noises at work. Other times, people can't hear much other than muffled conversation following a shift operating loud machinery. Too often, workers subjected to sustained levels of moderate to loud noise suffer permanent hearing damage.

• 22 million – The number of workers exposed to damaging levels of noise at work each year.
• 4 million – The number of workers who are exposed to damaging levels of noise each day in the United States.
• $1.5 million – The amount U.S. businesses were forced to pay in penalties for not adequately protecting their workers from damaging levels of noise at work.
• $242 million – The amount of money spent each year on workers' compensation claims related to hearing loss.

The workers' compensation attorneys at Pisanchyn Law Firm know all too well how an on-the-job injury can have lasting—sometimes even lifelong—consequences. We've represented thousands of injured workers and we can tell you this: All too often, workers suffer on-the-job injuries that are absolutely no fault of their own.

Advanced technologies to help prevent hearing loss in the workplace already exist. However, because of cost and other considerations, many companies do not seek out that technology.

Worse, many workers in construction and manufacturing often work without protective equipment like earplugs. This is because their employers never trained them on the risks associated with being subjected to long periods of loud noise.

Do you work in construction, manufacturing or another field where you are subjected to loud noises during the course of your work day? If so, don't delay seeking treatment if you suspect you are suffering from work-related hearing loss.

You should contact a doctor if you:

• Find it increasingly more difficult to understand a conversation—especially when there is background noise or if you are in a crowded room.
• Sounds seem muffled and you can't make out consonant sounds.
• Find yourself cranking up the volume of your television, cell phone or radio to properly hear what's being broadcast.

If you or someone you love is the victim of a workplace injury, don't make a call to the doctor the only one you make. Call Pisanchyn Law Firm—our skilled workers' compensation attorney will answer all of your questions and help you through this difficult time.

Child Facility to Close

State won’t renew Glade Run license

The Department of Human Services issues a non-renewal notice last week to the child residential facility operated by Glade Run at 70 Beaver Road.

“If an appeal is not received by November 18, the department will be working with Glade Run and county agencies, payers and families to plan for the transition of the children served in that facility,” said DHS spokeswoman Rachel Kostelac.

The agency had incidents this year involving staff negligence, including one in which a resident was found hanging him.herself with a bed sheet after being left alone and another where an employee was found on a bathroom floor after overdosing on heroin.

The facility serves 33 children, according to DHS documents.

Sheila Talarico, executive director of the Glade Run Foundation, said the decision by the state was not expected, but that Glade Run will not appeal the decision, “knowing that the state’s agenda is to close residential beds throughout the state.”

“We submitted a corrective action plan, which we agreed to, signed and implemented,” Talarico said. “Receiving the ‘non-renewal’ for the license of one of our buildings was not expected.”

Glade Run will retain a residential license, as well as all of its schools and community based programs.

“Glade Run will continue, but our primary concern always is and continues to be the welfare of the children we serve,” Talarico said. “With residential beds closing across the state, there are few options left for this level of placement.”

Glade Run earlier this year settled with the DHS regarding an alleged child-on-child sex abuse incident that occurred in 2015. The settlement included adopting new guidelines with staff monitoring of residents.

One of the alleged victims of the incident sued Glade Run this year.

“We need to send them a message that what they have been doing and what they have done is wrong,” said Attorney Michael Pisanchyn, who said the plaintiffs have no intention of settling out of court. “In essence, the agreement with the state in regard to them and their licensure is they will do what they should have been doing in the first place.”

Pisanchyn also said another alleged victim has come forward and is also expected to file suit.
He said a brief has been filed and within “The next 60 to 90 days” a ruling will be made as to whether or not the case will be tried in the Court of Common Pleas of Allegheny County, where the suit was filed.

Article written by Aaron McKrell, the Butler Eagle; see the article here> Page 1(butler-eagle-pg1) Page 2 (butler-eagle-pg5)

What is Tort?

Limited Tort and Full Tort Coverage

Limited tort and full tort are options on Pennsylvania car insurance policies. Limited tort is often pushed by the insurance companies as being more attractive than full tort because it is less expensive; however, what the insurance company doesn’t tell you is that the savings is minimal and if you or a loved one is injured because of someone else’s negligence you have given up your right to make a claim for pain and suffering except under limited circumstances.

A benefit of hiring our experienced Pennsylvania accident attorneys after you have been injured in a car accident is that sometimes even if you have limited tort you can still be considered full tort under the following scenarios:

1. If you have a serious injury.
2. If you were driving or were a passenger in a commercial vehicle.
3. If the person who caused the collision is accepted into the A.R.D. program or convicted of a D.U.I.
4. The person who caused the collision has a license plate from out of state.
5. You were a pedestrian when struck.

People with otherwise legitimate claims have had their cases dismissed because they only had limited tort on their policy. Therefore, it is important that full tort be selected on the auto insurance policy for full protection of both you and your family.

Remember, if other family members live in your household and do not have an automobile insurance policy, they are considered to have the tort option the person with insurance has elected. For instance, if you have children and they are involved in an automobile collision, then they are considered to have the same tort option as a family member in the household with automobile insurance.
A car collision is traumatizing enough, fighting with your insurance company or stressing over how you’re going to pay your bills shouldn’t be your focus; your focus should be on recovering and putting your life back together.

Our PA Accident Injury Attorneys Can Help

It is of the utmost importance that you hire our PA accident attorneys to handle your car accident claim; it has been proven that personal injury victims obtain far more money once they hire an attorney.

Never agree to a quick settlement. The job of an insurance adjuster is to pay you the least amount of money possible to settle your claim. There are many exceptions and technicalities to all of the above that if you are not aware of could cost you hundreds of thousands of dollars. Our car accident lawyers are experts when it comes to dealing with insurance companies and will fight aggressively on your behalf to get you or your loved one the compensation you deserve.

Please, call our local numbers or toll free at 1-800-444-5309 as we represent all Pennsylvania residents

Halloween Slip and Fall Dangers

Keep Your Property Trick-Free and Your Guests Safe

Halloween is the one night of the year where you can freely transform your home into a haunted house. Strobe lights, creepy tombstones, and artificial fog will contribute to the spookiness of the night.

With all the little witches and goblins coming to your door, the trick may be on you if someone gets hurt by your decorations. If you invite trick-or-treaters, or any guests, onto your property this Halloween, you are legally responsible for their safety.

How to Prepare Your Home for Trick-or-Treaters

• Keep the yard and walkways leading up to your home well-lit.
• Look for any trip hazards on your property that you can fix or remove: electrical cords and hoses can be wrapped up or moved; toys can be picked up and put away; in-ground decorations like tombstones can be moved farther away from walkways.
• Wrap any safety hazards that can't be fixed in time for Halloween with caution tape and block off the area.
• Move pumpkins and any potted plants to places where they will not be touched or kicked by visitors.
• Leave dogs inside the house. The unknown sights and sounds of Halloween can become overwhelming for dogs, so they may feel threatened and react aggressively.

How to Prepare Your Trick-or-Treaters

• Walk only on lit pathways, rather than cutting through front or backyards.
• Wear a costume of a comfortable length, so no material drags on the ground.
• Remove masks or anything obstructing vision when walking around.
• Make sure to wear comfortable shoes with solid tread to prevent slipping and falling, especially if it's raining.

What Do You Do If an Accident Happens?

1. Get medical attention as soon as possible.
2. Document the scene and keep all evidence. Take photos or notes of the exact place where the fall happened. Try to be as precise as possible with any conditions that contributed to your fall, such as lights or any Halloween decorations.
   Report the accident to a landlord or property manager, if the fall occurred on a rental property. Get a copy of their filed report prior to leaving the scene, if possible.
3. Limit talking to the property owner as much as possible. Emotions and adrenaline run high after an accident, so simply explain that the fall occurred but avoid any emotional confrontation.
4. Gather the names and contact information of any witnesses.
5. Contact an attorney before you speak with the insurance company or sign any documents.

Injured in a Slip-and-Fall Accident?

Slip and fall accidents aren't the only safety concerns on Halloween. You're never expecting anyone to become injured on a fun night like Halloween, or on any other day. At Pisanchyn Law Firm, we know how to navigate premises liability cases. Contact us for free to find out how we can help at 1-800-444-5309 or visit PisanchynLawFirm.com.

Pedestrian Accidents: The True Terror of Halloween

Halloween is the deadliest day of the year for child pedestrian accidents according to study released in 2010 that analyzed records from the Fatality Analysis Reporting System (FARS) from 1990-2010.

Over those 21 years, 115 child pedestrian fatalities occurred on Halloween, over double the average number of 2.6 fatalities on other days of the year. Particularly dangerous was the hour between 6:00-7:00 p.m., twilight in most states, when it’s more difficult to see children crossing the street.

Here are some Halloween safety tips to keep you and your family safe during your trick-or-treating outings:

1. Children should see and be seen in their costumes. Bright colors made of fireproof fabrics that do not obstruct vision or movement are a must-have for Halloween. 
2. Adults should accompany children under 12 and children over 12 should go in groups. Stick to familiar areas, and bring flashlights or glow sticks to increase visibility as the sun goes down.  
3. It’s also important to review key pedestrian safety rules like always crossing at street corners, using traffic signals and crosswalks; looking left-right-left when crossing and keep eye contact with drivers you pass in front of to make sure they see you. Watch out for cars backing out of driveways.

If you will be out driving on Halloween, drive slowly. Keep and eye out for pedestrians crossing the street and most importantly, DON'T DRINK AND DRIVE.

If you or a loved has been injured as a result of a car or pedestrian accident, call 1-800-444-5309 for a free consultation or visit PisanchynLawFirm.com.

What is Premise Liability?

Premise liability refers to personal injury claims asserted against a person, company, business, etc. who owns, possesses, or controls the premises, or property, on or where which an injury occurs. Slip and falls in markets, restaurants, office or apartment buildings are classic examples of premises liability.

The key issues in personal injury slip and fall cases are whether the owner had known of the hazard that caused the injury and whether appropriate steps were taken to protect people who are reasonably expected to be on the premises.

Showing that the owner had knowledge of the hazard is part of a premise liability case. For example, a shopper in a department store slips on wet floors in the men’s restroom which had been recently mopped by the janitorial crew. The store in this example is deemed to have had actual notice of the condition because its employees created the condition.

Unfortunately, owners in a premise liability case rarely admit to having been aware of a dangerous condition on their property. Hence, more commonly, we have to show that the owner or possessor had constructive notice of the condition. ‘Constructive notice’ means that the condition was present for a sufficient period of time so that the defendant owner or possessor would have been aware of it if they had conducted a reasonable inspection of the premises.

Another piece of premise liability cases is showing that you were injured because appropriate steps were not taken to protect you, a person who was reasonably expected to be on the premises. For example, the restroom was not closed when the floors were wet and there was not a warning sufficient enough to place you on notice that the area posed a danger and that you should stay away.

This article is for educational purposes only and is not meant to serve as legal advice. You should always contact an attorney to discuss any legal matter.

If you have a personal injury case, such as a slip and fall, or dog bite and want to get an honest assessment of your case and be educated as to your options, please call 1-800-444-5309 or visit PisanchynLawFirm.com

Common Steps of a Personal Injury Case

The process of pursuing compensation after another's negligence causes you injury can seem daunting. The more educated you are in the process, the less stressful and daunting the process can be. Although not all of these steps will apply to all cases, this outline of what could happen will be helpful to understand the general order of your case.

1. Accident or Injury Occurs
2. Seek Medical Attention
3. Consult an Attorney
4. Attorney investigates Claim and Medical Records
5. File an Insurance Claim or Demand a Settlement
6. Lawsuit is Filed
7. Discovery
8. Mediation and/or Arbitration
9. Trial

1. Accident or Injury Occurs

Nobody ever expects an accident or injury to occur. Even if you are conscious of the dangers around you, when an injury happens, it is still unexpected. At least, it can be frustrating and stressful. At worst, it can be permanently debilitating or deadly.

 

2. Seek Medical Attention

After you are involved in an automobile accident or injury, seek medical attention as soon as possible. 

Even if you do not think you are injured, you should still be seen by a medical professional right away. This is for two reasons. First, you may have an injury that you cannot see or feel at first. For example, an EMT may notice that you have signs of a concussion or whiplash. Second, in the event you start to feel pain later—which is quite likely—you will have proof that you saw a doctor right away. Insurance companies can often use a situation in which someone denies treatment at first against them as a supposed sign “they weren’t really injured.” 

3. Consult an Attorney

Some may think that this step seems to come a little early in the time line and that perhaps, you should wait to see what the insurance company will offer or wait for a diagnosis before you seek the advice of a legal professional. This is not the case; and for a simple reason: attorneys will not take cases that do not need an attorney. 

You have nothing to lose by reaching out to an attorney after an injury. At best, they help you get a settlement that is much greater than what an insurance company would give you on your own. At worst, you use the free consultation to get some much needed advice.

When you meet with an attorney, they can assess if you have a workable case and determine the best course of action for you, with them or without them. 

4. Investigates Claim and Medical Records

Once you hire an attorney, they will begin to investigate the claim and review your case.

The first thing that your attorney will do is thoroughly interview you. They will want to know how the accident happened, information about your background, and any medical conditions you had before and after the incident. They will also need to know any and all places you received medical treatment for your injury. All the information gathered will be quite thorough.

This process is often done by someone called an Intake Specialist. Some of the information may be personal and some may seem irrelevant, but there is a reason for every question. Most importantly, an attorney needs to be ready for anything and do their best to avoid any surprises later. If you were injured in the past, tell your attorney. If you have large debts, tell your attorney. Clients and attorneys should be as honest with each other as possible. 

Next, the lawyer will begin to collect all of your medical records and bills relating to the injury. This will include any doctors you saw, what they said, their treatment recommendations, medicines, etc. This too will be thorough. Sometimes this can take a long time, depending on your treatment. The process will take time. 

5. File an Insurance Claim or Demand a Settlement

In auto accidents, first, a claim will be filed with the at-fault driver’s insurance company before an actual lawsuit is filed. A minimal amount of car insurance coverage is required in most states. If the injury was not caused by an auto accident, your attorney will look into who was at-fault and begin a claim with their insurance. 

In slip-and-falls, this may be the store’s liability insurance carrier. In cases of medical malpractice, it may be with the hospital’s liability insurance carrier. After filing a claim with the at-fault party’s insurance company, they will assign a claims adjuster to investigate the case and negotiate a settlement. If an insurance company is not involved, a demand letter can be sent to the other party mandating a settlement for the injuries sustained. A demand letter lays out what the damages are, what compensation is expected, and why. 

If your claim involves a claim of permanent disability or impairment, a good lawyer will not settle it before filing suit. They will also not make a demand until the plaintiff has reached what is called a point of maximum medical improvement (MMI). MMI is when the plaintiff has ended their medical treatment and is as recovered as they are going to get. This is to ensure that you will get the maximum value of your case. You wouldn’t want to settle your case, then find you need surgery a month later, which was not covered in the original amount. Once settled, a plaintiff cannot ask for more money.

6. Filing a Lawsuit

If a settlement with the insurance company cannot be reached—most likely because they will not pay what the case is worth—it is time to file a lawsuit. 

 

When a lawsuit is filed, a formal complaint on your behalf is submitted to the county circuit court where your injury occurred. The court will then have the other party served with the paperwork. The other party will then have a limited amount of time to formally file an answer to the complaint, and also file any counterclaims they may have. If a counterclaim is filed, then your attorney will respond to the counterclaim on your behalf.

7. Discovery

Discovery is the process in which each party investigates what the other party’s legal claims and defenses are. Each side submits requests for interrogatories and any document they may need that the other has. At this point, each side will take depositions of all of the relevant witnesses in the case, including yourself (the plaintiff) and the at-fault party (the defendant). 

At the deposition, the opposing attorney will ask a series of questions, recorded under oath, to the person being deposed. The interrogation is recorded by an official court reporter, either by audio or by video. Testimony given at depositions is important for counsels to ensure that there will be no surprises in court. It also gives them the opportunity to get an official account of the other party’s side of the story. 

8. Mediation and/or Arbitration

Once all or most of the information from discovery has been collected, both sides’ lawyers will generally start trying to reach a settlement again. 

At this point, a process called mediation will most likely be attempted. Mediation is a process in which the clients and the lawyers meet with a both-party-approved mediator to help them reach an agreeable settlement. If a settlement is not reached, than the lawsuit will continue or the attorneys will decide to go to arbitration.

Sometimes, a court may require that a case go to arbitration instead of to actual court. This may happen if the judge thinks a reasonable settlement is within reach. Other times, it may be voluntary. 

9. Trial

Finally, if a settlement cannot be reached using all the above options, the case will go to trial. 

Personal injury trials can vary in length. At the trial, all the information that has been gathered through discovery (physical evidence, interrogatories, depositions, photos, witnesses, etc.) will all be presented to a jury for them to decide on the settlement amount. Trials are unpredictable, but they are capable of getting clients the compensation they deserve for someone else’s negligence. 

Again, not all of these steps will apply to all cases, this is a generic timeline of what could occur throughout personal injury cases. 

If you or a loved one has been injured and you are considering contacting an attorney, please, call our experienced injury attorneys today for your free consultation at 1-800-444-5309 or visit PisanchynLawFirm.com.